WASHINGTON — A federal judge has issued a permanent injunction that halts an attempt by President Donald Trump to dismiss Cathy Harris, the chair of the Merit Systems Protection Board (MSPB). The ruling underscores that the president does not have blanket authority to fire Harris, adhering to legal statutes that protect such positions unless there’s evidence of inefficiency, neglect of duty, or malfeasance.
This landmark decision by District Judge Rudolph Contreras of the U.S. District Court for the District of Columbia, represents a significant check on the presidential power to remove federal employees. The ruling followed a legal challenge by Harris after President Trump, on his first day in office, demoted her and subsequently sought her termination on February 10 without stating a cause.
Harris, who was appointed by President Joe Biden in 2022 with a term scheduled to end in 2028, promptly contested her dismissal. She filed a lawsuit on February 11, asserting that her removal was unlawful as it violated the clear terms set by the statute governing MSPB appointments. The statute allows removal only for specified causes which were not cited in her case.
Judge Contreras initially issued a temporary restraining order that reinstated Harris to her position as MSPB chair. The case then moved forward, culminating in the recent decision that permanently reinstates her and provides a significant precedent on the limits of executive power over independent federal agencies.
The MSPB, an independent quasi-judicial agency within the executive branch, has a crucial role in protecting federal employees from prohibited personnel practices, including arbitrary or politically motivated actions. This case has drawn attention to the functioning and independence of federal oversight bodies.
Additionally, the ruling comes at a time when President Trump has shown a propensity to replace several top watchdog officials, including Hampton Dellinger, head of the Office of Special Counsel (OSC). Like Harris, Dellinger has legally contested his removal, gaining a temporary reinstatement pending a court’s decision.
In a related development, the OSC was instrumental in a recent MSPB decision to temporarily reinstate six probationary employees who had appealed their dismissals. The MSPB ruled in favor of staying their layoffs while further investigation is conducted, citing “reasonable grounds” to believe their firing might have been illegal.
This legal backdrop has broader implications as the MSPB grapples with an increasing caseload. Since Trump’s presidency began, the MSPB has handled over 2,700 cases, significantly more than usual, with 1,845 cases filed in the week of February 16 alone.
Raymond Limon, formerly the MSPB vice chairman who was demoted during Trump’s tenure, has retired. This departure leaves the board narrowly maintaining a quorum amidst a rapidly growing caseload and general reductions in the federal workforce.
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